276009 WHITE - CITY CLERK
PINK ' FINANCE .ay'( !'i!�(1 . .
CANARY - DEPARTMENT COUIICII j�e ���y
BLUE - MAYOR GITY OF SAINT PAUL File NO. ��•����j��
il Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS:
1 . On November 26, 1980, the Port Authority of the City of Saint Paul adopted
Resolution No. 1749 giving preliminary approval to the issuance of revenue bonds in the
amount of approximately $51 ,000,000 to finance the construction of 950 housing units to
be located in St. Paul Energy Park by the Wilder Foundation.
2. Laws of Minnesota, Chapter 234, provides that any issue of revenue bonds
authorized by the Port Authority of the City of Saint Paul , shall be issued only with the
consent of the City Council of the City of Saint Paul , by resolution adopted in accordance
with law;
3. The Port Authority of the City of Saint Paul has requested that the City Council
give its requisite consent pursuant to said law to facilitate the issuance of said revenue
bonds by the Port Authority of the City of Saint Paul , subject to final approval of the
details of said issue by the Port Authority of the City of Saint Paul .
RESOLVED, by the City Council of the City of Saint Paul , that in accordance with Laws
of Minnesota 1976, Chapter 234, the City Council hereby consents to the issuance of the
aforesaid revenue bonds for the purposes described in the aforesaid Port Authority Resolution
No. 1749, the exact details of which, including, but not limited to, provisions relating
to maturities, interest rates, discount, redemption, and for the issuance of additional
bonds are to be determined by the Port Authority, pursuant to resolution adopted by the
Port Authority, and the City Council hereby authorizes the issuance of any additional bonds
(including refunding bonds) by the Port Authority, found by the Port Authority to be
necessary for carrying out the purposes for which the aforesaid bonds are issued.
COUNCILMEN
Yeas Nays Requestgd by Department of: t
Hunt � Q.
�� In Favor
Maddox
McMahon B
snoWaiter __ Against Y
Tedesco
Wilson
��E 4 �� Form Approve y City Attorne
Adopted by Council: Date — �
Certified Y•s-ed by Council Secretar BY �
B�
Approved vor: Date �� 5 �9S Approved by Ma or for Submission to Council
By ����2Gj�Lt-d v�'L-�' _ By �
�� D E C 1 3 i980
.
. ,f�
, � - -�- .� � � .. � Resolution No. /7y9 �
A ���VV�
RESOLUTION OF
THE PORT AUTHORITY OF THE CITY OF SAINT PAUL
WHEREAS, the purpose of Chapter 474, Minnesota
Statutes, known as the Minnesota t�iunicipal Industrial Develop-
ment Act (hereinafter called "Act") as found and determined by
the legislature is to promote the Helfare of the state by the
active attraction and encouragement and development of economi-
cally sound ind�stry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of
chronic aner�ploynent and to aid in the development of existing
areas of bliyht, marginal land and persistent unemployment; and
WHEREAS, factors necessitating the active promotion
and developnent of economically so�nd industry and corunerce are
the increasing concentration of population in the metropolitan
areas and the rapidly rising increase in the amount and cost of
� governmental services required to meet the needs of the
increased population and the need for development of land use
which will provide an adequate tax base to finance these
increased costs and access to employraent opportunities for such - __
population; and
WHEREAS, The Port Authority of the City of Saint Paul
(the "Authority") has received from the Amherst H. Wilder
Foundation (hereinafter referred to as "Company") a request
that the Authority issue its revenue bonds to finance the
acguisition, installation and construction of a multi-family
housing developr�ent in Saint Paul Energy Park, which
developr�ent Hill contain both rental and owner occupied housing
� (hereinafter collectively called the "Project") in the City of
St. Paul, all as is more fully described in the staff report on
f ile; and
WHEREAS, Chapter 46�C, Minnesota Statutes provides
that the Port Authority may issue revenue bonds of the Port
Authority to finance multi-family housing developments which
are part of a housing program that has been adopted after
public hearing and approved by the i�innesota Housing Finance
Agency; ,
, , ,WHEREAS, the City of Sa.irit Paul, after a public'
• • . hearing on the Housing Project conducted on November 13, 1980,
� �approved the Housing Project and the Financing thereof by the
Port Authority; �"��+����
WHEREAS, the Minnesota Housing Finance Agency, af ter �
its meeting of November 25, 1980, approved the Housing Project,
as required by the Act; �
• WHEREAS, the Authority desires to facilitate the
selective development of the community, to retain and improve
its tax base and to help it provide the range of services and �
employment opportunities required by its population, and said
Project will assist the City in achieving that objective. Said
Project will help to increase the assessed valuation of the
. City and help maintain a positive relationship between assessed
valuation and debt and enhance the image and reputation of the
C i ty;
WHEREAS, the Project to be financed by revenue bonds
will result in substantial employr:ient opportunities in the
Project;
WHEREAS, the Authority has been advised by repre-
sentatives of the Company that conventional, commercial
financing to pay the capital cost of the Project is available
only on a limited basis and at such high costs of borrowing
. that the economic feasibility of operating the Project would be
significantly reduced, but the Company has also advised this
Authority that ��ith the aid of revenue bond financing, and its
resulting low borrowing cost, the Project is economically more
feasible; -�-
WHEREAS, Miller & Schroeder Municipals, Inc. (the
"Underwriter") has raade a proposal in an agreeraent (the
"Underwriting Agreement" ) relating to the purchase of the
revenue bonds to be issued to finance the Project;
WHEREAS, the Authority, pursuant to i�iinnesota
� Statutes, Section 474.01, Subdivision 7b did publish a notice,
. a copy of which with proof of publication is on file in the
office of the Authority, of a public hearing on the proposal of
the Company that the Authority finance the Project hereinbefore _
. described by the issuance of its industrial revenue bonds; and
WHEREAS, the Authority did conduct a public hearing
pursuant to said notice, at which hearing the recommendations
contained in the Authority' s staff inemorandum to the
Commissioners were reviewed, and all persons who appeared at
the hearing caere yiven an opportunity to express their vieWs
with respect to the proposal. -
, • � ' , NOW, THEREFORE, BE IT RESOLVED by the Commissioners ,������
of the Port Authority of the City of Saint Paul� Minnesota as
follows:
� 1. On the basis of information available to the
Authority it appears, and the Authority hereby finds, that said
Project constitutes a multi-family housing development within
the meaning of Chapter 462C of the Minnesota Statutes; that the
Project furthers the purposes stated in Section 474.01 of the
Act, that the availability of the financing under the Act and
willingness of the Authority to furnish such financing will be
a substantial inducement to the Company to undertake the
Project, and that the effect of the Project, if undertaken,
will be to encourage the development of economically sound
, industry and commerce and assist in the prevention of the
emergence of blighted and marginal land, and will help to
prevent chronic unemployment, and will help the City to retain
and improve its tax base and provide the range of services and
employr.ient opportunities required by its population, and will
help to prevent the movement of talented and educated persons
out of the state and to areas within the state where their
services may not be as effectively used and will result in more
intensive development and use of land within the City and will
eventually result in an increase in the City's tax base; and
that it is in the best interests of the port district and the
people of the. City of Saint Paul and in furtherance of the
general plan of development to assist the Company in financing
the Project.
2. Subject to the mutual agreement of the --
Authority, the Conpany and the purchase.r of the revenue bonds
as to the details of the lease or other revenue agreement as
defined in the Act, and other docur.ients necessary to evidence
and effect the financing of the Project and the issuance of the
revenue bonds, the Project is hereby approved and authorized
and the issuance of revenue bonds of the Authority (which may
be in the form of a single note) in an amount not to exceed
approximately $51,000,000 (other than such additional revenue
bonds as are needed to complete the Project) is authorized to
finance the costs of the Project and the recommendations of the
Authority' s staff, as set forth in the staff inemorandum to the
Commissioners which was presented to the Commissioners, are
incorporated herein by reference and approved. �
3. In accordance with Subdivision 7a of Section
474.01, T�innesota Statutes, the Executive Vice-President of the
AUTHURITY is hereby authorized and directed to submit the
proposal for the above described Project to the Commissioner of
Securities, requesting his approval, and other officers,
employees and agents of the AUTHORITY are hereby authorized to
provide the Commissioner with such preliminary information as
he may require.
, 4:
� G?y � +
' ' � � ��b��l�
. � , � � 4. Tliere has heretofore been filed Nith the
Authority a form of Preliminary Agreement between the Authority
and Company, relating to the proposed construction and
financing of the Praject and a form of the Undereariting
� Agreement. . The form of said Agreements have been examined by
' the Commissioners. It is the purpose of said Agreements to
evidence the commitment of the parties and their intentions
with respect to the proposed Project in order that the Company
may proceed without delay with the commencement of the
acquisition, installation and construction of the Project with
the assurance that there has been sufficient "official action"
under Section 103(b) of the Internal Revenue Code of 1954, as
amended, to allow for the issuance of industrial revenue bonds
( including, if deemed appropriate, any interim note or notes to
; provide temporary financing thereof) to finance the entire cost .
of the Project upon agreement being reached as to the ultimate
details of the Project and its financing. Said Agreements are
hereby approvec], and the President and Secretary of the
Authority are hereby authorized and directed to execute said
Agreements.
5. Upon execution of the Preliminary Agreement by
the Company, the staff of the Authority are authorized and
directed to continue negotiations with the Company so as to
resolve the remaining issues necessary to the preparation of
the lease or other documents necessary to the adoption by the
Authority af its final bond resolution and the issuance and
� delivery of the revenue bonds; provided that the President (or
Vice-President if the President is absent) and the Secretary
(or Assistant Secretary if the Secretary is absent) of the �
Authority, or if either of such officers (and his alternative�
are absent, the Treasurer of the Authority in lieu of such
absent officers, are hereby 'authorized in accordarice with the
provisions of t�tinnesota Statutes, Section 475.06, Subdivision
1, to accept a final offer of the Underwriters made by the
Underwriters to purchase said bonds and to execute an
underWriting agreement setting forth such offer on behalf of
the Authority. Such acceptance shall bind the Underwriters to
. said offer but shall be subject to approval and ratification by
the Port Authority in a formal supplemental bond resolution to
be adopted prior to the delivery of said revenue bonds.
6. The revenue bonds ( including any interim note. or
notes) and interest thereon shall not constitute an .
indek�tedness of the Authority or the City of Saint Paul within
the meaning of any constitutional or statutory limitation and
shall not constitute or give rise to a pecuniary liability of
the Authority or the City or a charge against their yeneral
credit or taxiny po�aers and neither the full faith and credit
nor the taxing powers of the Authority or the City is pledged
for the payment of the bonds (and interim note or, notes) or
interest thereon.
. `
. � � .� ' ' 7. In order to facilitate completion of the revenue
bond financing herein contemplated, the City Council is hereby
requested to consent, pursuant to Laws of Minnesota, 1976,
Chapter 234, to the issuance of the revenue bonds ( including
any interim note or notes) herein contemplated and any
additional bonds which the Authority may prior to issuance or
from time to time thereafter deem necessary to complete the
Project or to refund such revenue bonds; and for such purpose �
the Executive Vice President of the Authority is hereby
authorized and directed to forward to the City Council copies
of this resolution and said Preliminary Agreement and any
additional available information the City Council may request.
8. The actions of the Executive Vice-President of
the Authority in causing public notice of the public hearing
and in descri}�iny the general nature of the Project and
estimatiny the principal amount of bonds to be issued to
finance the Project and in prepariny a draft of the proposed
application to the Commissioner of Securities, State of
Minnesota, for approval of the Project, which has been
available for inspection by the public at the office of the
Authority from and after the publication of notice of the
hearing, are in all respects ratified and confirmed.
Adopted NovemUer 26, 1980 �%
/� �
;` � i� � ���:� �
. l' , �
Attest � -! - � �—
res id t
� T ort �uthority of the City
of Saint Paul
Secretary
,
,
`�' . , . . . . . . . .. � . � . . :�' . : � ��.
'�-- `• � , - • OM �1 : 12/I 5?5
� � � , Rev.: 9/8/?6
. E�(PLANATION OF ADMINISTRATIVE ORDERS, ���
- RESOLUTIQNS� AND ORDINAMCES , ,-
I)ate: November 28, 198�
T0: MA GEORGE LATIMER
fR: � E. . au � .
�: WILDf Ot1NDATION
�51 ,00�,000 HOUSING REYEPlUE BONQ ISSUE
� ST. PAUL ENERGY PARK
;
ACTION REQUESTED:
In accordance with the taws of Minnesota, Chapter 234, it is reguested that the City
Cauncit , by Resolution, a draft copy of which is attached her�to, apprc�ve the_ issuance of
revenue bonds �tn the an�unt of approximately $51 ,OOR,Qt� to finance the construction c�f 9�0
housing unfits to be located in St. Paul Energy Park by the Wilder Foundation.
; .
`�
� PURPOSE AND RATIQNALE FOR THIS ACTIOf�: �
Tfie purpose of the rev�nue bond issu� is to �Finance the corrstruc�ian �f 95� t�usi'ng units
to be located in St. Raul Energy Park by th� Wilder Foundation. There will be 250 unfts on
the Midway Stadium site and 700 units on the Trailer on Flat Car (TOFC) site. Under the -
Negotiated Investment�Strategy agreement and the agreementcs with the n��ghbmr�hc�od counci'Is,
it fs requfred that at least 20� of the units be Section 8 or equfvaler�t a�tl 50� of the
housing on the TOFC site be owner-occupied. P►. condition of the agreemertt fs the rec}air�t
that bonds be sold in order to conform to the conditions of the 1Jrban �evelapment Action
Grant by Dec�nber 3� , 1980, unless an extension is agreed to b�y all parties:
ATTACHMENTS:
Staff Memorandum
Draft City Council Resolution
Por� Authority Resolution No. 1749
P � RT . � . �
AU '� HORITY ������
OF THE CITY OF ST. PAUL
� Memorandum
TO: Board of Commissioners DATE November 25, 1980
Meeting November 26, 1980
FROM: E. A.
SUBJECT: WILDER FOUNDATION
PUBLIC HEARING - PRELIMINARY AND UNDERWRITING AGREEMENT
SALE OF BONDS - HOUSING - $51 ,000,000 REVENUE BOND ISSUE - ST. PAUL ENERGY PARK
RESOLUTION N0. 1749
PUBLIC HEARING - PRELIMINARY AND UNDERWRITING AGREEMENT
SALE OF BONDS - COMMUNITY FACILITIES - $12,000,000 REVENUE BOND ISSUE -
COMMUNITY FACILITIES
RESOLUTION N0. 1751
PUBLIC SALE HEARING - SALE OF LAND
RESOLUTION N0. 1750
PUBLIC SALE HEARING - SALE OF LAND
RESOLUTION N0. 1752
RESOLUTION N0. 1749 - PRELIMINARY AGREEMENT - HOUSING �
The housing element in Energy Park will be comprised of 250 units on the
Midway Stadium site and 700 units on the Trailer on Flat Car (TOFC) site.
The Midway Stadium housing wil� be all rental , whereas, the balance of the
housing will be rental and owner-occupied. Under the Negotiated Investment
Strategy agreement and the agreements with the neighborhood councils, it is
required that at least 20% of the units be Section 8 or equivalent and 40%
of the housing on the TOFC site be owner-occupied.
In development of the Energy Park Plan the concept was not only to create
a national demonstration project in energy conservation but to create a
development that combined a working and living environment. The Wilder
plans and the energy spine that connects the related facilities and the
covenants and requirements of the Master Plan will accomplish this end.
Staff recommends approval of Resolution No. 1749 relating to the preliminary
and underwriting agreement.
RESOLUTION N0. 1751 - PRELIMINARY AGREEMENT - COMMUNITY FACILITIES
Authorization to issue housing bonds in the state of Minnesota is based on
per capita ratio. St. Paul 's total limit is $180,000,000 in bonds. In order
to keep the total as low as possible to allow bonding for other housing projects,
it is proposed that $12,000,000 in industrial revenue bonds be issued for the
Wilder project. Such funds to be utilized for the Mealth club, recreational
facilities, parking, landscaping, and ponding. This issue would be $12,000,000
and would involve expenditures both on the Midway Stadium site and on the
TOFC site.
. � . � . � �� � 6 q
Board of Commissioners
November 25, 1980
-� Page -2-
The preliminary agreement will provide these bonds can either be issued on an
interim note or under Port Authority 876 Resolution with appropriate guarantees
from Wilder.
It is staff's recorr�nendation that Resolution No. 1751 be approved. In this
recommendation it should be pointed out that the two bond issues above
($51 ,000,000 and $12,000,000--total $63,000,000) are not separated by site
and should be applied jointly to the total Wilder housing development in
Energy Park.
UNDERWRITING
The 10-member underwriting syndication managed by Miller & Schroeder has
agreed to privately place the interim financing and to underwrite the
$12,000,000 ancillary facilities issue if Wilder opts to take the route
utilizing 876. In order to privately place this volume of bonds, it will be
necessary for Wilder to provide security in the form of a letter of credit
or similar security.
Fiscal and administrative fees for the first four years will be $244,000,
or $61 ,000 per annum on the privately placed bonds, and 1/lOth of 1% of the
outstanding balance for that portion that is financed either long-term or .�
Resolution 876.
RESOLUTION N0. 1750 - SALE OF LAND
Seven hundred housing units are proposed for the Energy Park Trailer on
• Flat Car (TOFC) site in the centrum area: At $1 ,312 per unit this represents a
land price of $918,400. Staff recommends approval of the sale or lease
with option to purchase this land. If Wilder elects to lease, the interest
charged against the $918,400 would be equal to 10% per annum. Staff recornrnends
adoption of Resolution N0. 1750.
Staff recorrunends approval of the sale of land and Resolution No. 1750,
conditioned on the ultimate acqui�sition of that property not now under the
control of the Port Authority.
RESOLUTION N0. 1752 - SALE OF LAND
Two hundred fifty housing units . are proposed for the Energy Park Midway
Stadium site in the centrum area. At $1 ,312 per unit this represents a
land price of $328,000. Staff recommends approval of the sale or lease with
option to purchase this land. If Wilder elects to lease, the interest charged
against the $328,000 wauld be equal to 10% per annum. Staff recommends
adoption of Resolution No. 1752.